Payroll Accounting Chapter 2 - Vocabulary Flashcards
Fair Labor Standards Act Objectives and Coverage
Core Objectives of Payroll Calculations under FLSA:
Explain major provisions of the Fair Labor Standards Act (FLSA).
Define compensable hours worked.
Describe primary types of records utilized to collect payroll data.
Calculate regular and overtime pay under standard and multi-rate scenarios.
Identify distinctive compensation plans including piece rate, fluctuating workweek, and commissions.
Statutory Bases of Coverage under FLSA:
Enterprise Coverage:
Applies to all employees of an enterprise if at least two or more workers engage in interstate commerce or produce goods for interstate commerce.
Requires the business to achieve at least in annual gross volume of sales or business done.
Includes non-profit organizations regardless of annual gross sales volume.
Individual Employee Coverage:
Applies to employees engaged in fringe occupations closely related and directly essential to the production of goods for interstate commerce.
If an employer fails the enterprise coverage test, individual workers eligible under individual coverage must still receive FLSA-compliant minimum wage and overtime benefits.
Employer and Employee Definitions and Classifications
Legal Definitions:
Employer: An individual who acts directly or indirectly in the interest of an employer in relation to an employee.
Employee: An individual performing services in covered employment.
Economic Reality Test (Six-Factor Standard):
Nature and degree of the employer's control over the work performed.
Permanency of the worker's relationship with the employer.
Means and instrumentalities of work provided or utilized.
Amount of skill, initiative, judgment, or foresight required for the work.
Risk or benefit of profit or loss borne by the worker.
Degree of integration of the worker's services into the primary business operation.
Classification Rules for Specific Worker Groups:
Distinct provisions apply to corporate employees, domestic workers, interns, partners in partnerships, and statutory employees.
Statutory Nonemployees: Includes direct sellers and licensed real estate agents. These individuals are treated as self-employed for federal tax purposes and are not treated as employees.
Domestic Help Provisions:
Defined domestic roles include cooks, butlers, caretakers, gardeners, chauffeurs, and babysitters employed on other than a casual basis.
Mandatory Minimum Wage Coverage Criteria:
Working or more per workweek in one or more households, OR
Earning at least from a single employer within a calendar year.
Live-in domestic workers are exempt from overtime pay requirements.
Direct care workers providing care assistance to elderly or disabled individuals are subject to minimum wage and overtime rules when employed by a third-party employer.
Minimum Wage Provisions and Regulations
Statutory Minimum Wage Standard:
Established at under the Fair Minimum Wage Act of 2007.
Inclusions in the Regular Rate of Pay (All Remuneration):
Commissions
Earned nondiscretionary bonuses (bonuses agreed upon or promised in advance)
Severance pay
On-call pay
Shift differentials or weekend differentials
Exclusions from the Regular Rate of Pay:
Discretionary bonuses (bonuses not agreed upon, promised, or expected in advance)
Gifts made as rewards for service
Payments made under a bona fide profit-sharing plan
Payments for time not worked (vacation, holiday, sick leave, or jury duty pay)
Guaranteed minimum hours pay in excess of actual hours worked
Vehicle, tool, and uniform allowances
Call-back pay that is infrequent and sporadic
Certain sign-in bonuses and longevity bonuses
Employer costs of providing benefits, such as parking facilities or gym access
Exceptions to Minimum Wage Rates:
Youth Training Wage: Newly hired employees under of age may be paid for the first of employment.
Full-Time Student Wage: Institutions of higher education, retail or service establishments, and farms may employ full-time students at of minimum wage ().
Federal Contractor Rates: Higher minimum wage rates apply to employees of federal contractors.
State Minimum Wages: Mandatory adherence to higher state wage rates when state laws surpass federal thresholds.
State Laws and Local Living Wage Ordinances:
All states enforce minimum wage and overtime rules covering FLSA and non-FLSA employees, except five states: Alabama, Louisiana, Mississippi, South Carolina, and Tennessee.
Multi-tiered state wage rates exist based on geographic region, employer size, and urban versus nonurban counties.
Living wage ordinances exist in over requiring government contractors—and in some states, private industry—to pay higher wages tied to local living costs.
Tipped Employees and Tip Credit Rules
Tipped Employee Definition:
An employee who customarily and regularly receives more than in tips.
Direct Cash Wage and Tip Credit Mechanics:
Minimum direct cash wage paid by employer: .
Maximum allowable tip credit claimed by employer: ().
Minimum combined wage threshold: (\7.25 \times 40\,\text{hours} = \).
Employer make-up obligation: If combined direct wages and tips do not equal , the employer must pay additional cash wages to equal .
Federal Contractor Tipped Rates (2023 Rules):
Minimum wage set at ; combined earnings from tips and wages must equal at least .
Tipped Employee Overtime Calculation Mechanics:
Overtime minimum rate is .
Tip credit remains capped at during overtime hours.
Direct hourly overtime wage rate paid by employer: .
Worked Calculation Example (Raquel):
Raquel works in a workweek at Christchurch Bar, receiving in weekly tips.
Maximum tip credit = .
Regular cash wages:
Overtime cash wages:
Direct gross pay from employer =
Tip Credit Assessment Examples ( Workweek):
Scenario 1 ( reported tips):
Direct cash pay =
Total income =
Minimum requirement =
Supplemental employer payment required:
Scenario 2 ( reported tips):
Direct cash pay =
Total income =
Threshold met (); employer pays regular direct cash wages of
Operational Restrictions on Tip Credit:
Service Charges: Mandatory room service or bottle service fees cannot count toward tip credit; treated as standard wages subject to tax withholdings.
Tip Pooling: Employer tip credit is completely lost if employees are required to share tips with non-customarily tipped positions (such as dishwashers).
Tip Rate Determination Agreements: If or more of employees agree, employers and the IRS can set fixed tip rates per occupation. Employees must report tips at or above the set rate, and employers must report non-compliant employees to the IRS.
Dual Employment Roles: Tip credit applies strictly to hours worked in the position that qualifies as tipped employment.
Overtime Provisions, Exceptions, and Compensatory Time
Standard Workweek Parameters:
Corporate workweek consists of seven consecutive periods totaling (e.g., Saturday to Friday ).
Statutory Overtime Rate: for hours worked over in a workweek.
Employer Authority: Employers may mandate overtime work; employee refusal can result in termination.
Time Off in Lieu of Overtime:
For hourly employees paid on biweekly or longer pay cycles, employers can grant off for each overtime hour worked, provided the time off is taken within the same pay period.
Statutory Overtime Exceptions:
Hospital Employees ( Rule): Overtime paid for hours exceeding in a period OR exceeding in any single workday, whichever produces the greater amount of pay.
Retail or Service Industry Employees: Exempt from overtime if regular weekly rate of pay (including commissions) is at least () AND more than of pay over a monthly period comes from commissions.
Remedial Education: Special rules apply to workers undergoing employer-provided remedial education.
Public Sector Compensatory Time Off (Comp Time):
State, local government, and interstate agencies may grant comp time instead of cash overtime.
Public safety, emergency response, and seasonal activities: Maximum accumulation of .
Other government personnel: Maximum accumulation of .
Unused comp time must be paid out in cash upon employment separation.
FLSA Exemption Standards and The Equal Pay Act
Exempt Status Standards:
Exempt status relieves employers from FLSA minimum wage and overtime requirements.
White-collar workers must meet specific job duties tests and a salary threshold of at least on a salary basis.
Proportionate salary deductions for time actually worked are allowed only during an employee's first or last week of employment.
Blue-collar manual workers (e.g., firefighters, police officers, EMTs, paramedics, licensed practical nurses) are always nonexempt and entitled to overtime pay regardless of salary.
Paying a salary does not automatically make an employee exempt.
Criteria for Exemption:

Detailed White-Collar Categories:
Executive: Primary duty is management; supervises two or more full-time workers (or equivalent); possesses authority to hire, fire, or promote (or suggestions carry significant weight).
Administrative: Primary duty is office or non-manual work directly related to management or general business operations; regularly exercises discretion and independent judgment on matters of significance.
Professional: Work requires advanced knowledge in a field of science or learning acquired through a prolonged course of specialized intellectual instruction.
Business Owner: Owns at least equity in the business; actively manages business operations.
Highly Compensated: Earns or more annually; performs non-manual work; regularly performs at least one exempt executive, administrative, or professional duty.
Computer Professionals: Paid salary of at least OR at least ; primary duties consist of systems analysis techniques, design of computer systems, or programming.
Creative Professional: Primary duty requires invention, imagination, originality, or talent in a recognized artistic or creative field.
Outside Salespeople: Primary duty is making sales or obtaining orders for services/facilities; regularly away from employer's place of business; NO salary test required.
Equal Pay Act Principles:
Amends FLSA to prohibit wage discrimination based on sex for equal work requiring equal skill, effort, and responsibility performed under similar working conditions.
Applies to all covered employees, including white-collar exempt workers and outside salespersons.
Permitted Wage Differentials: Must be based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or any factor other than sex.
Equalization Requirement: Unlawful wage differentials must be corrected by raising the lower wage rate to equal the higher rate.
Child Labor Restrictions, Wage Theft, and Non-FLSA Covered Items
Child Labor Statutory Rules:
Enforced by the Secretary of Labor for workers under of age.
Nonfarm Occupations:
Ages : May work unlimited hours in nonhazardous jobs.
Ages : Limited to employment in retail, food service, and gasoline service with strict conditions governing daily/weekly hours.
Agricultural Occupations:
Children under : Generally prohibited with limited exceptions.
Children aged : May work as hand harvest laborers outside school hours between June 1 and October 15 under strict limitations.
Age Documentation: Employers must maintain a Certificate of Age proving the minor meets statutory minimum age requirements.
Violations result in severe administrative fines and legal penalties.
Wage Theft and Legal Remedies:
Statute of Limitations:
to recover back pay for standard payroll mistakes.
for willful violations of wage and hour provisions.
Enforcement: Civil or criminal suits brought by the U.S. Government.
Penalties apply to misclassifying workers, willful wage violations, providing false data, repeated offenses, and child labor violations.
Items Not Required under FLSA:
Extra pay for weekend or holiday work.
Paid holidays, vacation, or severance pay.
Limits on work hours for individuals aged or older.
Mandatory holidays off.
Mandatory vacation time.
Mandatory sick leave.
Hours Worked and Compensability Criteria
Principal Activities (Compensable Work Time):
Work activities requiring exertion, commanded by employer, and performed for employer's benefit.
Workstation setup, preparation, and changing in/out of required protective gear (in specific environments).
Travel that occurs as part of the primary workday.
Idle time and waiting time spent waiting to deliver service for employer.
Rest periods lasting or less (cannot force worker to check out).
Meal periods: Bona fide meal periods ( or longer) are noncompensable ONLY if employee is completely relieved of duties; if duties are performed while eating, time is fully compensable.
Work performed at home by nonexempt employees (even if unauthorized; employers must establish clear email/off-duty policy manuals).
Sleep time during shifts under .
Training sessions and lectures during regular hours or directly job-related.
Waiting for medical treatment on employer premises.
Noncompensable Activities (Portal-to-Portal Act Exclusions):
Preliminary (pre-work) and postliminary (post-work) activities, such as checking in or out at plant gates, unless required by custom or contract.
Absences due to illness.
Tardiness: Employers may dock pay according to company policy, but courts require compensation for fractional work periods.
Four-Part Test for Noncompensable Training Sessions (ALL FOUR must be satisfied):
Attendance is completely voluntary.
Employee performs no productive work and produces no goods during the session.
Session takes place outside regular working hours.
Course content is not directly related to the employee's current job.
Timekeeping Methods and Modern Attendance Technologies
Mandatory Payroll Records:
Time Sheets: Document employee arrival and departure times.
Time Cards: Record total hours worked, hourly rate, itemized deductions, and net pay.
Computerized Time/Attendance Systems: Badge systems, card-generated systems, cardless/badgeless systems, and personal computer systems.
Next-Generation Timekeeping Technologies:
Touch-Screen Technology: PCs connected to central corporate servers for clock-ins.
Internet Systems: Web-based secure portals requiring passwords to clock in/out online.
Biometrics: Clocks reading unique physical characteristics, such as fingerprints or hand geometry (size and shape), eliminating buddy punching.
Interactive Voice Response (IVR): Telephone-based systems utilizing mobile phones, landlines, or smartphone applications.
Cloud-Based Systems: Universal device access for remote clock-ins.
Operational Advantages of Automated Systems:
Faster, more accurate data assembly.
Complete elimination of manual calculation errors.
Simplified tracking of project labor costs.
Faster, more reliable scheduling management.
Computing Regular and Overtime Pay
Standard Pay Period Frequencies:
Weekly: ().
Biweekly: ().
Semi-monthly: (variable hours per period).
Monthly: (variable hours per period).
Standard Overtime Calculation Methods:
Method 1: Standard Approach:
Method 2: Overtime Premium Approach:
Calculating Overtime with Multiple Pay Rates:
Method 1: Pay overtime at .
Method 2: Weighted Average Regular Rate:
Method 3: Base overtime on the rate of the job performed after the 40th hour (requires prior agreement).
Converting Salary Frequencies to Hourly Rates:
Annualize Salary: or .
Find Weekly Rate: .
Find Regular Hourly Rate: .
Find Overtime Rate: .
Calculate Total Gross Pay.
Comprehensive Calculation Examples:
Example 1: Monthly Salary to Weekly Pay (Faron)
Facts: Monthly salary , nonexempt, paid weekly, worked .
Annual salary = \1{,}500.00 \times 12 = \
Weekly gross =
Regular hourly rate =
Overtime rate = \8.65 \times 1.5 = \
Total gross pay =
Example 2: Monthly Salary to Semi-Monthly Pay (Eve)
Facts: Monthly salary , nonexempt, paid semi-monthly, worked .
Annual salary = \2{,}000.00 \times 12 = \
Semi-monthly gross =
Weekly rate =
Regular hourly rate =
Overtime rate = \11.54 \times 1.5 = \
Total gross pay =
Example 3: Monthly Salary to Biweekly Pay (Xi)
Facts: Monthly salary , nonexempt, paid biweekly, worked .
Annual salary = \2{,}200.00 \times 12 = \
Biweekly gross =
Weekly rate =
Regular hourly rate =
Overtime rate = \12.69 \times 1.5 = \
Total gross pay =
Example 4: Multiple Pay Rates (Oshiko)
Facts: Worked at Job A () and at Job B (). Total hours = , Overtime hours =
Regular base earnings = (37 \times \14.50) + (6 \times \
Method 1 (Higher Rate Premium):
Overtime premium = (\14.50 \times 0.5) \times 3\,\text{hours} = \
Total gross pay =
Method 2 (Weighted Average Rate):
Weighted regular rate = \frac{\602.50}{43\,\text{hours}} = \
Overtime premium rate = \14.01 \times 0.5 = \
Total gross pay =
Method 3 (Job Performed After 40th Hour Rate - Job B):
Overtime premium rate = \11.00 \times 0.5 = \
Total gross pay =
Example 5: Salaried Nonexempt with Sub-40 Hour Workweek (Felicia)
Facts: Monthly salary , workweek, paid semi-monthly. Worked in pay period ( between , exceeding ).
Annual salary = \1{,}600.00 \times 12 = \
Semi-monthly base =
Weekly rate =
Regular hourly rate =
Overtime rate (hours > 40) = \10.55 \times 1.5 = \
Total gross pay = \$800.00 + (\$10.55 \times 10\,\text{hours}) + (\15.83 \times 6\,\text{hours}) = \
Distinctive Compensation Plans and Bonus Calculations
Fluctuating Workweek Compensation Plan:
Agreement to pay a fixed salary for fluctuating weekly hours.
Overtime Calculation Option 1: Divide fixed salary by total hours worked in week to get regular hourly rate, then pay an extra for hours over
Overtime Calculation Option 2: Divide fixed salary by to establish base rate, then pay an extra for hours over
BELO Plan (Guaranteed Wage Plan):
Appropriate for workers with highly irregular work schedules.
Deductions prohibited for non-disciplinary absences.
Maximum guaranteed compensation capped at .
Salary formula: .
Requires explicit agreement between employee and employer.
Piece-Rate Systems:
Pays workers based on unit output; total earnings divided by hours must equal at least statutory minimum wage.
Method A (Overtime Premium Approach):
Method B (Piece Rate Overtime Premium):
Worked Piece-Rate Example 1 (Mustafa):
Facts: inspected in ( during overtime). Piece rate = .
Method A:
Regular earnings =
Hourly rate =
Overtime premium rate = \12.22 \times 0.5 = \
Total gross pay =
Method B:
Regular units =
Overtime rate = \0.12 \times 1.5 = \
Total gross pay = (4{,}212 \times \0.12) + (600 \times \
Worked Piece-Rate Example 2 (Roisin):
Facts: inspected in ( during overtime). Piece rate = .
Method A:
Regular earnings =
Hourly rate =
Overtime premium rate = \12.68 \times 0.5 = \
Total gross pay =
Method B:
Regular units =
Overtime rate = \0.08 \times 1.5 = \
Total gross pay = (6{,}474 \times \0.08) + (423 \times \
Special Incentive Plans:
Differential piece-rate plans to entice workers to produce higher volumes.
Tiered Rate Structure Example:
for units inspected up to
for units inspected between
for units inspected exceeding
Commission Plans:
Stated percentage of revenue paid per commercial transaction.
Worked Commission Example (Sam):
Facts: Annual base salary = , biweekly pay. Sales = , Quota = , Commission = on excess.
Base biweekly earnings =
Excess sales =
Commission earned = \8{,}500.00 \times 0.02 = \
Total gross pay =
Nondiscretionary Bonuses:
Bonuses known in advance or set up as incentives must be added to wages for the period, divided by total hours worked to find the revised regular rate, and overtime recalculated based on this rate.
Worked Example (Jamil):
Facts: Hourly rate = , safety bonus = , hours worked = .
Base wages + bonus =
Revised regular rate =
Overtime premium rate = \15.43 \times 0.5 = \
Overtime premium pay = \7.72 \times 4\,\text{hours} = \
Total gross pay =
Profit-Sharing Plans:
Corporate profit distributions paid as cash, retirement/savings plan contributions, or stock allocations.
Interactive Scenarios, Polling, and Discussion Debriefs
Discussion Activity 1: Indigine Systems Overtime Policy
Problem: Indigine Systems operates under FLSA rules and the Fair Minimum Wage Act of 2007. Facing high workload, employees must work over . Management requires guidance on overtime rules and legal exceptions.
Solution & Rules:
FLSA requires overtime pay for all hours worked in excess of in a workweek.
FLSA requires no overtime pay for daily hours worked in excess of any given number, or for work on Saturdays, Sundays, or holidays.
Overtime pay rate must be at least .
Payment must be made on the regular payday for the pay period in which overtime occurred.
Exceptions: Hospital workers ( rule) and retail/service commission employees whose regular rate exceeds and over of pay comes from commissions.
Discussion Activity 2: Transcript Solutions Timekeeping Upgrade
Problem: Transcript Solutions uses manual time cards, but employees work from home, preventing accurate hours tracking. Management is skeptical about automated timekeeping systems and requests an explanation of options and benefits.
Solution & System Options:
Benefits: Faster/accurate data assembly, elimination of manual calculation errors, easy project cost allocation, reliable scheduling.
Touch-Screen Technology: Kiosks and PCs connected to central corporate servers.
Internet Systems: Web-based secure portals accessed via user passwords.
Biometrics: Clocks reading unique fingerprints or hand geometry.
Interactive Voice Response (IVR): Telephone, mobile, and smartphone app time collection.
Cloud-Based Systems: Universal device access for remote clock-ins.
Polling Activity 1: Training Hours Compensability (George Scenario)
Problem: George undergoes on-the-job training during regular hours and additional training outside regular hours. Which training constitutes compensable working time?
Answer & Criteria: On-the-job training is compensable working time. Time spent in additional training sessions outside regular working hours does NOT count as working time ONLY if ALL four conditions are met:
Attendance is completely voluntary.
Employee produces no goods and performs no productive work during the session.
Session takes place outside regular working hours.
Course content is not directly related to the employee's work.
Polling Activity 2: Overtime Rates with Multiple Jobs (Jennifer Scenario)
Problem: Jennifer worked at main job () and at extra job (). What overtime rate applies?
Answer & Options: Employers have three options:
Pay at higher rate ().
Calculate weighted average rate () and pay () for overtime hours.
Base overtime on rate of job performed after 40th hour (), if agreed in advance.
Result: All listed options are legally permissible.
Knowledge Check Activity 1: Sub-40 Hour Agreed Workweek (Catherine Scenario)
Problem: Catherine has an agreement to work . Last week she worked . How many hours qualify as overtime hours for overtime pay calculation?
Answer & Explanation: .
Under FLSA, if an agreement exists that weekly salary covers all hours up to , hours between and are paid at the regular rate. Only hours exceeding (i.e., ) require overtime premium pay at .